[Adopted 10-13-2010 by Ord. No. 2010-13]
No owner shall sell or transfer nor shall anyone or any entity purchase or obtain title to a residential or nonresidential building in the Borough without obtaining from the Building Department of the Borough of Kenilworth a sump pump inspections certificate. The certificate is required even if the building is not equipped with a sump pump. The certificate shall be evidence that no sump pump or any other device discharges drainage resulting from rainwater, springs, wells or other groundwater into the sanitary sewer system in violation of subsections of this chapter, nor shall any sump pump be permitted to discharge so as to create a hazardous condition to the public. No purchaser of real property shall purchase real property within the Borough unless the transferor has obtained the required certificate of sump pump compliance within 30 days prior to closing.
The Building Department shall issue certificates of sump pump compliance in accordance with the following procedures:
A. 
Application; fee. Applications for certificates of sump pump compliance shall be filed with the Building Department by the transferor of the property or the property owner or their authorized designee, as the case may be, at least 10 business days but not more than 30 days prior to the change in ownership and/or first occupancy. Applications shall be submitted on the form supplied by the Building Department and shall be accompanied by a fee in the amount of $75 per inspection and for each reinspection if an additional inspection is required.
B. 
Inspection.
(1) 
Upon receipt of a completed application, the Building Department shall request an inspection of the property by the designated Borough official to determine compliance with the standards set forth in this article.
(2) 
If a violation exists, the property owner and the applicant will be put on a notice of the violation by first-class mail within two business days after the inspection. The notice shall clearly describe the violation and the remedial action needed for compliance within 10 business days after the mailing of the notice.
A. 
Any person who fails to obtain a certificate of sump pump compliance as required by this article shall upon conviction be liable to the penalty of not less than $100 nor more than $2,000.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The owner of any building, lot or land where anything in violation of this article exists and any contractor, agent or person who commits or knowingly assists in the commission of any such violation shall each be guilty of a separate offense, and, upon conviction, shall each be liable to the penalty specified in this section.
C. 
Any person violating any provision of this article shall become liable to the Borough for any expense, loss or damage caused to the Borough because of such violation in addition to all cost of collection and enforcement proceedings.
A. 
Upon reasonable belief that a violation of this article exists, any other duly authorized employee of the Borough bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing at any reasonable hours and notice to the property owner. Such right of entry shall include the right to inspect activity.
B. 
The Borough Council may designate an individual by resolution to serve as the primary party and any additional parties responsible for the inspection of sump pumps and any connections to the sanitary sewers.
C. 
If a party refuses to grant access during common business hours during a weekday after having been given reasonable notice in writing of no less than two business days, the Borough Attorney may seek an administrative search warrant from a judge of the Superior Court in order to gain access.